Union Budget 2020 - Proposals by the NFIR for review and inclusion in the budget proposals before Parliament

Union Budget 2020 - Proposals by the NFIR for review and inclusion in the budget proposals before Parliament

Union Budget 2020 - NFIR

No. IV/Budget/ Part III

Dated: 30th Dec 2019

Shri Narendra Modiji,
Hon’ble Prime Minister of India,
Raisina Hills, South Block,
New Delhi - 110 011

Respected Shri Modiji,

Sub: General Budget 2020 – NFIR’s proposals for consideration and inclusion in the Budget proposals to be presented before the Parliament – reg.

NFIR requests the Hon’ble Prime Minister of India, to kindly consider the following proposals for inclusion in the ensuing Union Budget 2020 to be presented before the Parliament during Budget presentation in February 2020 :

1. Pension/ Earnings of Senior Citizens may be exempted from Income Tax upto Rupees 15 lakhs per annum.
2. Additional quantum of pension may be allowed to the pensioners on attainment of 70 years age instead of 80 years as at present with further increase to those who attain 80 and 85 years age.
3. Restoration of commuted value of pension be done on completion of 10 years instead of 15 years.
4. The Single Female Government Employees be granted “Old Age Parent Care Leave” on the pattern of “Child Care Leave”.
5. Female Government Employees be allowed 05 days extra Casual Leave to facilitate maintaining their health (specially those females of age 50 years and above), keeping in view the peculiar menopause stage leading to hormonal changes as has been granted to “Physically Challenged Employees”.
6. Child Care Leave for women employees be granted with full salary in the 2nd year as against 80% of salary at present.
7. Accumulation of Earned Leave (EL / LAP) by Government employees in excess of 300 days be allowed without restriction in the light of judgement delivered by the Punjab & Haryana High Court.
8. Family Planning Allowance, discontinued with effect from July I, 2017 should be restored and continued wherever already granted in terms of provisions made by the Government of India.
9. Pay re-fixation be granted to the retired Defence Forces Personnel re-employed in the Central Government Department / Organizations on the basis of last pay drawn by them at the time of retirement from Armed Forces.
10. Fixed Medical Allowance for retired Government employees be enhanced to not less than Rs. 3000 per month as against Rs. 1000 p.m. at present in view of high cost of medicines and medical treatment.
11. Provision be made for construction of Shelter Homes for Pensioners at various locations in the country.
12. Reimbursement of Tuition fee and Hostel subsidy be allowed upto Post Graduation level in the case of wards of Central Government employees.
13. Reimbursement of College/ Hostel fee may also be permitted in the case of wards of retired Government employees (pensioners).
14. Provision of accommodation for Office /recreation purposes be made to various Pensioners’ Orgarizations in the country.

Yours faithfully,
(Dr.M.Raghavaiah)
General Secretary

Source: NFIR

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Navy Leave Rules 2019 to Officers, Sailors and Artificer Apprentices – Gazette Notification

Statutory Rules and Orders issued by the Ministry of Defence

Ministry of Defence

New Delhi, the 11th December, 2019

THE NAVY LEAVE REGULATIONS – 2019

S.R.O.105.— In exercise of powers conferred by section 184 of the Navy Act, 1957 (62 of 1957), the Central Government hereby makes the following regulations namely:-

CHAPTER I

GENERAL

1. Short Title. These regulations may be called the Navy Leave Regulations, 2019.

2. Application. They shall apply to Officers (including Special Duties List Officers), Sailors and Artificer Apprentices of the Indian Navy.

3. Claim to Leave. Leave shall not be claimed as of right. Its grant shall be subject to the exigencies of the Service.

4. Classification of Leave. Leave admissible to different categories of personnel shall be of the following kinds, namely:-

(a) Regular Officers (including Special Duties List Officers).

(i) Casual Leave.

(ii) Annual Leave.

(iii) Furlough.

(iv) Sick Leave.

(v) Leave on invalidment.

(vi) Child Care Leave (for Women officers).

(vii) Child Adoption Leave (for Women officers).

(viii) Paternity Leave on birth of a child.

(ix) Paternity Leave on adoption of a child.

(x) Maternity Leave.

(xi) Study Leave.

(xii) Special Casual Leave.

(b) Short Service Commissioned Officers.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Furlough.

(iv) Sick Leave.

(v) Special Casual Leave.

(vi) Leave on invalidment.

(vii) Leave on termination of engagement.

(viii) Child Care Leave (for Women Officers).

(ix) Child Adoption Leave (for Women Officers).

(x) Paternity Leave on birth of a child.

(xi) Paternity Leave on adoption of a child.

(xii) Maternity Leave.

(c) Sailors.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Sick Leave.

(iv) Compassionate Leave.

(v) Leave on discharge or retirement.

(vi) Paternity Leave on birth of a child.

(vii) Paternity Leave on adoption of a child.

(d) Artificer Apprentices.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Sick Leave.

(iv) Paternity Leave on birth of a child.

(v) Paternity Leave on adoption of a child.

5. Date of Commencement and Termination of Leave.

(a) Leave shall commence on the date on which an individual is relieved from duty if relieved in the forenoon, and on the following day if relieved in the afternoon.

(b) Leave shall terminate on the day preceding the date of re-joining, if an individual re-joins duty in the forenoon, or on the date of re-joining, if he re-joins in the afternoon.

(c) Notwithstanding anything contained in this regulation:-

(i) (aa) Leave of Gorkha Officers shall commence or terminate on the date of crossing the Nepal border; leave of officers domiciled in Bhutan shall commence on the date of crossing the Bhutan border.

(ab) If a sailor, who has availed himself of the additional leave under regulation 46, alongwith Annual Leave or accumulated Annual Leave during the first year of a block of two years is granted Annual Leave or accumulated Annual Leave in the second calendar year of the block, that leave shall commence or terminate on the dates of crossing the Nepal or Bhutan border with no entitlement to the additional leave.

(ii) In case of personnel serving afloat, leave shall terminate on the date of their reporting to the ship on which they are borne; and in case the ship on which they are borne is temporarily away from the home port or from the port where it was scheduled to be at the time, the personnel shall report to the shore establishment of that port and their leave shall be considered as terminated on the date of reporting to the shore establishment.

(iii) For personnel serving ashore ex-India, leave in India shall commence on the date on which such personnel proceed on leave from the shore establishment to which they are appointed or transferred on arrival in India and terminate on the date they are required to report for duty prior to proceeding ex-India.

(iv) The leave of Naval personnel serving in the Andaman and Nicobar Islands and on ships based on these Islands shall commence and terminate on reporting at IN Ships Adyar, Netaji Subhash and Circars.

(v) Leave of Naval personnel serving in the mainland and having their homes in Lakshadweep Islands will begin at Naval Detachment, Kochi/ NCC, Calicut from the date they are put on a vessel for their home island and will terminate on the date of their reporting back at the station aforesaid. They will be transported between the mainland and the Islands by the earliest available suitable merchant ship. The period of travel to and fro between the duty station and Naval Detachment, Kochi/ NCC, Calicut, as well as the period of stay at Kochi/ Calicut till personnel are put on a vessel, will be treated as on duty. Sailors proceeding on Annual Leave/ accumulated Annual Leave, in whose case the period of journey between Naval Detachment, Kochi/ NCC, Calicut and the leave station exceeds two days each way, will be allowed an additional leave in terms of regulation 45(d) of these regulations.

6. Prefixing and Suffixing of Holidays to Leave.

(a) If a recognised holiday (such as a Sunday, Republic Day or the like) falls on the day immediately preceding the day from which leave has been granted or such holiday follows the last day of the leave granted, an individual who is not required for duty on such holiday may with his Commanding Officer’s express permission, leave his station at the close of the day before, or return to duty at the end of such holiday, provided no extra expense is caused to the State.

(b) An individual shall be considered, as on duty, during such holiday, which shall not count against the number of days for which leave is granted.

Explanation I : The concession prefixing or suffixing of holiday to leave shall not be admissible in the case of Gorkha personnel whose leave commences or terminates on the date of crossing the Nepal or Bhutan borders under Regulation 5, Sub-regulation (c).

Explanation II : The concession of prefixing and suffixing of holidays to leave will not be admissible to sailors who enjoy the benefit of additional leave in terms of Sub-regulation (d) of Regulation 45.

Explanation III : Restricted holidays shall be treated as recognised holidays where such holidays are prefixed or suffixed to leave.

7. Place from which Leave is taken and Place at which Duty is resumed on Termination of Leave .

(a) Individual shall ordinarily proceed on leave from, and re-join after expiry of leave at their permanent duty stations.

(b) Officers not below the rank of Captain may be permitted to proceed on, or re-join duty from leave at station other than their permanent duty stations by the Chief of the Naval Staff (in the case of officers serving at Naval Headquarters)and by the Flag Officer Commanding-in-Chief Western Naval Command, the Flag Officer Commanding-in-Chief Eastern Naval Command, the Flag Officer Commanding-in-Chief Southern Naval Command, the Commander-in-Chief Andaman Nicobar Command and the Naval Advisers or Attachès in Indian Missions abroad, within the limit of their respective Commands, provided that:-

(i) It is necessary or expedient in the public interest for the officer to perform temporary duty at that time at a station other than his permanent duty station, and

(ii) If the officer concerned is not required to perform the duty, it would be necessary to detail some other person to perform it.

(c) Officers below the rank of Captain may be permitted, provided it results in saving to the State, to proceed on, or re-join duty from, leave at stations other than their permanent duty stations by the Chief of the Naval Staff (in the case of officers serving at Naval Headquarters) and by the Flag Officer Commanding-in- Chief Western Naval Command, the Flag Officer Commanding-in-Chief Eastern Naval Command, the Flag Officer Commanding-in-Chief Southern Naval Command, the Commander-in-Chief Andaman Nicobar Command and the Naval Advisers or Attachès in Indian Missions abroad, within the limits of their respective Commands.

(d) Sailors serving in the ships and establishments may, at the discretion of the Commanding Officers, be permitted to proceed on or re-join duty from leave at stations other than their permanent duty stations in which they are serving, provided it results in saving to the State.

Explanation : The provisions of this regulation shall not apply:-

(i) To Casual Leave which counts as duty;

(ii) In the case of officers who are granted leave on the conclusion of course of ten weeks’ duration or more as well as those who are detailed to attend such courses whilst on leave; and

(iii) In case where establishments or units of establishment move temporarily enbloc to places away from their permanent stations as well as to detachments located away from permanent stations.

8. Leave Entitlement. Leave entitlement for officers and personnel attached to other establishments due to disciplinary cases, will be as follows:-

(a) Officers and personnel attached to other establishments, due to disciplinary cases, are not deemed to be performing normal duty and no leave is, therefore, ordinarily permissible to them:

Provided that, in exceptional cases leave due may be granted on extreme compassionate grounds by the authority, who issued orders for their attachment to such establishment.

(b) Personnel permitted to proceed on leave from a station other than the permanent duty station may be permitted to re-join at that station, if necessary.

(c) Leave granted under this regulation shall be restricted to the barest minimum and shall not be granted unless the authority granting the leave is satisfied that it would not hamper or unduly delay the progress of the disciplinary case.

9. Overstayal of Leave.

(a) Officers.

(i) If an officer overstays his leave (except Casual Leave) no pay shall be admissible for the period of overstayal, unless an extension of leave to cover that period is granted by the Competent Authority. Cases of overstayal of Casual Leave beyond the normal entitlement at a time shall be regularised by Naval Headquarters, provided the total period of Casual Leave availed by the officer does not exceed the maximum amount of such leave admissible during the year.

(ii) In cases where the maximum amount of Casual Leave admissible in a year is exceeded as a result of overstayal by the individual or extension by the Administrative Authorities, the entire spell of Casual Leave including the period of extension or overstayal shall be treated as Annual Leave or Furlough for that year, if due.

(iii) If an officer is compelled to overstay his leave due to natural calamities like floods, earthquakes, landslides, etc, the overstayal upto 30 days in excess of the maximum leave admissible, may be regularised by Naval Headquarters at their discretion by adjustment against his future Annual Leave entitlement or Furlough as may be considered appropriate.

(b) Sailors or Artificer Apprentices. If a Sailor or Artificer Apprentice overstays his leave, the following principles shall apply, namely:-

(i) If found guilty, he shall be dealt with under the Navy Act 1957 and awarded mulcts of pay in accordance with Regulation 41 of the Regulations for the Navy, Part II.

(ii) If not found guilty, (in case of leave other than Casual Leave) an extension to cover the period in question shall be granted by the Leave Sanctioning Authority, which shall be debited to his Annual Leave account for the current year. If no Annual Leave is due for that year, such leave shall be treated as an advance of the next year’s Annual Leave. Cases of overstayal of Casual Leave beyond the normal entitlement at time, shall be regularised by the authorities mentioned in sub-clause (ab) of clause (ii) of sub-regulation (d) and provided the total period does not exceed the maximum amount of such leave admissible during the year. In cases where maximum amount of Casual Leave admissible in a year is exceeded as a result of overstayal by the individual or extension by the Commanding Officer of the Ship or Establishment, the entire spell of Casual Leave including the period of extension or overstayal, shall be treated as Annual Leave for that year, if due.

(c) In cases of overstayal of Casual Leave due to individual’s own sickness beyond the maximum Casual Leave admissible in a year, the entire period involved (Casual Leave and overstayal thereof) shall, in the first instance, be debited to the Annual Leave entitlement of the year in which Casual Leave is granted, if due. Cases of overstayal of Casual Leave due to individual’s own sickness which are not so covered by their Annual Leave entitlement involve overstayal up to 60 days from the date of falling sick shall be regularised as provided in sub-regulation (d), and by the authorities specified in clause (ii) therein, subject to satisfaction about its genuineness, after making necessary inquiries.

(d)(i)	(aa) Period prior to the date of falling sick		By adjustment against future Annual Leave entitlement.
	(ab) 30 Days from the date of falling sick		As Sick Leave with full pay and allowances.
	(ac) Next 30 days		By adjustment against future Annual Leave entitlement.
(ii)	(aa) Cases in which treatment is taken in Military or Civil Government Hospital		By the Commanding Officer of the ship or Establishment.
	(ab) Cases in which treatment is taken at home		By the Commanding Officer of ship or establishment upto a maximum of 30 days and by the authority mentioned below upto a maximum of 60 days:-(aa) Commanding Officer of the ship of the rank of Captain or above if the ship does not have any Squadron Senior, but if the Commanding Officer is of the rank of Commander or below, then Administrative Authority in respect of sailors borne on the books of ship under his administrative control. (ab) Senior Officer of the Squadron if of the rank of Commander or above in respect of sailors borne on the books of the ship of his Squadron. (ac) Administrative Authority, if the Senior Officer is of the rank below that of a Commander in respect of sailors borne on the books of the ship of his Squadron. (ad) Commanding Officer of the shore establishment in respect of sailors borne on the books of his establishment.

(iii) Cases involving overstayal beyond 60 days from the date of falling sick shall be submitted to Central Government for orders.

Explanation 1 : In cases where future leave does not accrue to an individual due to his retirement or discharge, the periods mentioned in sub-clause (aa) and (ac) of clause (i) shall be treated as Extraordinary Leave without pay and allowances by the authorities specified in sub clauses (aa) and (ab) of clause (ii).

Explanation 2 : In case where the period of overstayal is required to be adjusted against the following year’s Annual Leave entitlement, the Annual Leave of that year shall be regarded as proportionately consumed for carrying out necessary adjustments. The grant of leave on compassionate grounds in the following year if necessary, shall be dealt with under Regulation 48.

(iv) If a sailor overstays the leave granted to him due to natural calamities like floods, earthquakes and landslides the period of overstayal of leave up to 30 days may be regularised by the Commanding Officer at his discretion (overstayal of accumulated Annual Leave shall be so regularised under the orders of the Administrative Authority) . The first 15 days of the 30 days limit may be treated as Special Leave with full pay and allowances, and the remaining period upto15 days may be adjusted against the future leave entitlement of the individual. In the case of Artificer Apprentices, Special Leave with full pay and allowances upto 15 days may be sanctioned at the discretion of the Commanding Officer. Any period of overstayal of leave beyond 30 days in the case of Sailors or 15 days in the case of Artificer Apprentices, shall be reported to the Chief of Personnel for orders. In such cases, the period of overstayal may be regularised at the discretion of the Chief of Personnel by grant of leave without pay.

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Amendment in the CCS Leave Rules 1972 consequent upon the implementation of the recommendations of 7th CPC

DoPT Orders 2019

Amendment in the CCS Leave Rules 1972 consequent upon the implementation of the recommendations of 7th CPC

No. 11020/01/2017-Estt. (L)
Government of India
Ministry of Personnel PG & Pensions
Department of Personnel & Training

Old JNU Campus, New Delhi
Date: 30.8.2019

OFFICE MEMORANDUM

Sub: Amendment in the CCS (Leave) Rules, 1972 consequent upon the implementation of the recommendations of 7th CPC.

The undersigned is directed to say that the Government has accepted the recommendations of the 7th CPC and implemented the same vide Notification dated 11.12.2018. This Notification has been uploaded in the Department's website also at the address. However, despite issue of the notification in this regard, some employees have been seeking formal and informal clarifications with regard to the amendments carried through the above Notification. Keeping this in view, following clarifications specifying the amendments carried out in the CCS (Leave) Rules, 1972 vide the above said Notification are issued:

Also check: TYPES OF LEAVE ADMISSIBLE: Leave Rules – CCS (Leave) Rules, 1972

I. The amendments made in the CCS (Leave) Rules, 1972 vide Notification dated 11.12.2018, have come into force w.e.f. 14.12.2018 when the Notification was published in the official gazette.

II. Government servants serving in a Vacation Department have been allowed Earned Leave in place of Half Pay Leave by amending Rule 28 and Rule 29.

III. With the amendment of Rule 43-C relating to Child Care Leave (CCL), following changes have been made:-

(a) CCL may be granted at 100% of the leave salary for the first 365 days and 80% of the leave salary for the next 365 days.
(b) CCL may be extended to single male parents who may include unmarried or widower or divorcee employees.
(c) For single female Government servants, the CCL may be granted for six spells in a calendar year. However, for other eligible Government servants, it will continue to be granted for a maximum of 3 spells in a calendar year.

IV. "Special Disability Leave for injury intentionally inflicted" under Rule 44 has been substituted by a new Leave named "Work Related Illness and Injury Leave (WRIIL)" which may be granted to a Government servant (whether permanent or temporary), who suffers illness or injury that is attributable to or aggravated in the performance of her or his official duties or in consequence of her or his official position. With the introduction of WRIIL, "Special Disability Leave for accidental injury" (under Rule 45) and Hospital Leave (under Rule 46) have been deleted. WRIIL has foil owing provisions:-

Also check: Child Care Leave - DoPT

(a) Full pay and allowances will be granted to all. employees during the entire period of hospitalization on account of WRIIL.

(b) Beyond hospitalization, WRIIL will be governed as follows:

(i) Government servants (other than military officers) will be paid full pay and allowances for the 6 months immediately following hospitalization and Half Pay only for 12 months beyond that period. The Half Pay period may be commuted to full pay with corresponding number of days of HPL debited from the employee's leave account.
(ii) For officers of the Central Armed Police Forces (GAFF), full pay and allowances will be paid for the 6 months immediately following hospitalization, and full pay only for the next 24 months.
(iii) Personnel below the rank of officers of GAFF will be paid full pay and allowances, with no limit regarding the period of leave.
(iv) In the case of persons to whom the Workmen's Compensation Act, 1923 applies, the amount of leave salary payable imder WRIIL shall be reduced by the amount of compensation payable under the Act.
(v) No EL or HPL will be credited during the period that employee is on WRIIL.

(Rajendra Prasad Tewari)
Under Secretary to the Government of India
Tele. No. 26164316

To,
All Ministries/ Departments of the Central Government

Source: DoPT

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Central Government approves extension of benefits of Child Care Leave to single male civilian employees

CCL

Central Government approves extension of benefits of Child Care Leave to single male civilian employees

Raksha Mantri Shri Rajnath Singh has approved extension of benefits of Child Care Leave (CCL) to single male service personnel and certain relaxations of CCL provisions in case of woman officers of defence forces, in line with a recent DoPT order extending similar benefits of CCL to civilian employees.

Presently, CCL is being granted to woman officers in defence forces. Recently, DoPT has made certain amendments for grant of CCL to civilian employees, whereby the CCL granted to woman employees till now has been extended to single male government servants also. The age limit of 22 years prescribed earlier in the case of a child with 40 percent disability has been removed for the purpose of availing CCL. Further, the minimum period of CCL that can be availed at a time has been reduced to 05 days instead of 15 days.

Now the proposal of Ministry of Defence extending similar benefits to Defence personnel has been approved by Raksha Mantri Shri Rajnath Singh. With this, single male service personnel will be able to avail the benefit of CCL. Single male service personnel and woman officers of defence forces will also be able to avail CCL in respect of child with 40 percent disability without any restriction of age limit of the child. Further, the minimum period of CCL that can be availed in each spell has been reduced to 05 days from the earlier limit of 15 days.

PIB

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DoPT: Treatment of period of Leave towards minimum residency period for in-situ promotion under MFCS

DoPT: Treatment of period of Leave towards minimum residency period for in-situ promotion under MFCS

AB 14017/32/2013-Estt.(RR)
Government of India
Department of Personnel and Training

New Delhi, the February, 2019

OFFICE MEMORANDUM

Sub: Treatment of period of Leave towards minimum residency period for in-situ promotion under Modified Flexible Complimenting Scheme (MFCS)

The undersigned is directed to refer to DoPT OM of even number dated 30.07.2014 regarding the subject mentioned above. Representations have been received seeking clarifications regarding treatment of Child Care Leave as per extant instructions towards minimum residency period.
The matter has been examined in consultation with Department of Science and Technology and the following clarification is issued:

Clause (v) of Para 4 of OM AB 14017/32/2013-Estt.(RR) dated 30.07.2014 may be replaced with the following clauses:

"(v) Earned Leave for a total period of not exceeding 180 days (for 3 year residency period), 210 days (for 4 year residency period) and 240 days (for 5 year residency period) sanctioned as per Leave Rules shall also be taken into account while computing minimum residency period.

(va) Child Care Leave sanctioned as per Rules shall also be taken into account while computing minimum residency period".

For removal of doubts, it is clarified that the above said modifications will be effective from 30.07.2014, i.e. from the date of issue of the said OM.

(G. Jayaithi)
Joint Secretary to the Government of India
Tel.: 23092479

Source: DoPT

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Child Care Leave (CCL) - Amendment to the Indian Railway Establishment Code, Volume-I, 1985 Edition (Reprint Edition 2008) Chapter V - Indian railways

Child Care Leave (CCL) - Amendment to the Indian Railway Establishment Code, Volume-I, 1985 Edition (Reprint Edition 2008) Chapter V - Indian railways

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No.18/2019
No.E(P&A)I-2008/CPC/LE-8

New Delhi dated 05.02.2019

The General Managers/Principal Financial Advisers,
All Indian Railways and Production Units.

Sub: Amendment to the Indian Railway Establishment Code, Volume-I, 1985 Edition (Reprint Edition 2008) Chapter V – Child Care Leave (CCL).

In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President is pleased to direct that Rule No. 551(E) of the Indian Railway Establishment Code, Volume-I, 1985 Edition (Reprint Edition- 2008) may be amended as in the enclosed Advanced Correction Slip No.136

1. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.
2. Please acknowledge receipt.

DA:- Correction Slip.

(N P Singh)
Joint Director Estt.(P&A),
Railway Board

ADVANCE CORRECTION SLIP TO THE INDIAN RAILWAY ESTABLISHMENT CODE, VOLUME-I, 1985 Edition - (THIRD REPRINT EDITION - 2008)

Advance Correction Slip No.135
The following amendments may be made to Rule No.551 (E) of the Indian Railway Establishment Code, Volume-I,1985 Edition (Reprint Edition – 2008):-

551(E) - Child Care Leave.

(a) In point No.(1) for the words "upto the age of 22 years in case of disabled Children", the words "an offspring of any age in case of disabled Children" shall be substituted.

(b) In Point No.(5), for the Words "less than 15 days", the words "ess than 5 days" shall be substituted.

Source: Indian Railways

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Single Central Government Male Employees to get Child Care Leave - Gazette Notification issued

Single Central Government Male Employees to get Child Care Leave - Gazette Notification issued

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 11th December, 2018

G.S.R. 1209(E).- In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

1. (1) These rules may be called the Central Civil Services (Leave) (Fourth Amendment) Rules, 2018.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972,
(A) in rule 28, in sub-rule (1) for clauses (a), (b) and (c), the following clauses shall be substituted, namely:-

"(a) The leave account of every Government servant (other than a military officer) who is serving in a Vacation Department shall be credited with earned leave, in advance’ in two installments of five days each on the first day of January and July of every calendar year.

(b) In respect of any year in which a Government Servant avails a portion of the vacation, he shall be entitled to additional earned leave in such proportion of twenty days, as the number of days of vacation not taken bears to the full vacation, provided the total earned leave credited shall not exceed thirty days in a calendar year.

(c) If, in any year, the Government servant does not avail any vacation, earned leave will be as per Rule 26 instead of clauses (a) and (b).";

(B) in rule 29, for sub-rule (1), the following sub-rule shall be substituted, namely:—
"(1) The half pay leave account of every Government servant (other than a military officer and a Government servant serving in a Vacation Department) shall be credited with half pay leave in advance, in two installments of ten days each on the first day of January and July of every calendar year.”;

(C) in rule 43-C. (a) for sub-rule (1), the following sub-rule shall be substituted, namely”;
"(1) Subject to the provisions of this rule, a female Government servant and single male Government servant may be granted child care leave by an authority competent to grant leave for a maximum period of seven hundred and thirty days during entire service for taking care of two eldest surviving children, whether for rearing or for looking after any of their needs, such as education, sickness and the like." ;

(b) for sub-rules (3) and (4), the following sub-rules shall be substituted, namely:-

"(3) Grant of child care leave to a female Government servant and a single male Government servant under sub-rule (1) shall be subject to the following conditions, namely:-

(i) it shall not be granted for more than three spells in a calendar year;

(ii) in case of a single female Government servant, the grant of leave in three spells in a calendar year shall be extended to six spells in a calendar year.

(iii) it shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied about the need of child care leave to the probationer, provided that the period for which such leave is sanctioned is minimal.

(iv) child care leave may not be granted for a period less than five days at a time.

(4) During the period of child care leave, a female Government servant and a single male Government servant shall be paid one hundred percent of the salary for the first three hundred and sixty five days, and at eighty percent of the salary for the next three hundred and sixty five days.
Explanation.-Single Male Government Servant' means – an unmarried or widower or divorcee Government servant.";

(D) for rule 44, the following rule shall be substituted, namely:-

"44. Work Related Illness and Injury Leave:-

The authority competent to grant leave may grant Work Related Illness and Injury Leave ( herein after referred to as WRIIL) to a Government servant (whether permanent or temporary), who suffers illness or injury that is attributable to or aggravated in the performance of her or his official duties or in consequence of her or his official position subject to the provisions contained in sub-rule (1) of rule 19 of these rules, on the following conditions, namely :

(1) Full pay and allowances shall be granted to all employees during the entire period of hospitalisation on account of WRIIL.

(2) Beyond hospitalization, WRIIL shall be governed as follows:

(a) A Government servant (other than a military officer) full pay and  allowances for the six months immediately following hospitalisation and Half Pay for twelve months beyond the said period of six months. The Half Pay period may be commuted to full pay with corresponding number of days of Half Pay Leave debited from the employees leave account.

(b) For officers of Central Armed Police Forces full pay and allowances for six months immediately following the hospitalisation and full pay only for the next twenty four months.
(c) For personnel below the rank of officer of the Central Armed Police Forces full pay and allowances, with no limit regarding period.

(3) In the case of persons to whom the Workmen’s Compensation Act, 1923 applies, the amount of leave salary payable under WRIIL shall be reduced by the amount of compensation paid under the Act.

(4) No Earned Leave or Half Pay Leave shall be credited during the period that employee is on WRIIL.".

(E) rules 45 and 46 shall be omitted.

[F. No. 11020/01/2017 -Estt(L)]
GYANENDRA DEV TRIPATHI Jt. Secy.

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Clarification on Child Care Leave - Railway Board

Clarification on Child Care Leave - Railway Board

Removal of the limit of 22 years in case of a disabled child for the purpose of Child Care Leave

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No. 162/2018

New Delhi dated 17.10.2018

No. E(P&A)I-2008/CPC/LE-8

The General Managers/Principal Financial Advisers,
All Indian Railways and Production Units.

Sub: Child Care Leave (CCL) - reg.

In pursuance of the decision taken by the Government, the Ministry of Railways have decided that the limit of 22 years in case of a disabled child for the purpose of Child Care Leave under the provisions of Rule 551 (E) of Chapter-5 of Indian Railway Establishment Code (IREC), Volume-I be removed. It has also been decided that Child Care Leave may not be granted for a period less than five days at a time.

2. This order shall take effect from 13th June, 2018.

3. There is no change as regards other terms and conditions of this leave.

4. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

5. Please acknowledge receipt.

sd/-
(N P Singh)
Joint Director Estt.(P&A),
Railway Board

Source: Railway Board

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Alternative Arrangement in Place of Employees on Child Care Leave

Alternative Arrangement in Place of Employees on Child Care Leave

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA

UNSTARRED QUESTION NO: 3587
ANSWERED ON: 08.08.2018

Alternative Arrangement in Place of Employees on Child Care Leave

NAGARAJAN P.  Will the Minister of
PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether the Union Government is aware of the fact that the office work is being totally disrupted due to absence of women employees on account of the long paid maternity leave and child care leave;

(b) if so, the details thereof;

(c) whether the Government has calculated days and assessed working during maternity/child care leave for making provisions of staff to overcome the shortage or cope up with the work in the absence of women employees who are on maternity and child care leave;
(d) if so, the details thereof; and

(e) if not, the reasons therefor?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)

(a) to (e) : Disruption in the office work due to absence of women employees on account of the long paid Maternity Leave and Child Care Leave has not come to the notice of the Government. Ministries/Departments are authorized to make suitable leave arrangements to cope up the loss of work hours when an employee proceeds on any kind of leave including Maternity and Child Care Leave. There is also provision for creation of leave reserve posts to cover the leave vacancies. No centralized data is maintained in this regard.

Source : LokSabha

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Child Care Leave - DoPT

Child Care Leave - DoPT

No.13018/6/2013-Estt.(L)
Department of Personnel & Training
Estt.(Leave) Section

JNU Old Campus, New Delhi
Dated 22.6.2018

OFFICE MEMORANDUM

Sub: Child Care Leave - reg.

The undersigned is directed to say that it has now been decided that the limit of 22 years in case of disabled child for the purpose of Child Care Leave under the provisions of Rule 43-C of the CCS (Leave) Rules, 1972 has been removed. It has also been decided that Child Care Leave may not be granted for a period less than five days at a time.

2. These orders shall take effect from 13.6.2018.

3. Formal amendments to the relevant provisions of Rule 43-C of Central Civil Services (Leave) Rules, 1972 have already been issued vide Notification dated 13.6.2018.

4. Hindi version will follow.

(Sunil Kumar)
Section Officer

Source: DoPT

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Child Care Leave (CCL) Permitted leave headquarters , LTC , Foreign travel

Child Care Leave (CCL) Permitted leave headquarters , LTC , Foreign travel

No. 13018/6/2013-Estt(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Old JNU Campus, New Delhi 110 067
Dated: 3rd April, 2018

OFFICE MEMORANDUM

Subject: Child Care Leave (CCL) - Clarification Reg.

The undersigned is directed to refer to DoP'Ts O.M. No. 21011/08/2013- Estt.(AL), dated 25.03.2013 and to say that references have been received with regard to leaving Head Quarters/Station while on CCL and availing LTC during CCL.

2. In this regard, it is has now been decided that:

(i) An employee on CCL may be permitted to leave headquarters with the prior approval of appropriate competent authority.
(ii) LTC may be availed while an employee is on CCL.
(iii) An employee on CCL may proceed on foreign travel provided clearances from appropriate competent authorities are taken in advance.

3 Hindi version will follow.

(Sandeep Saxena)
Under Secretary to the Government of India

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Child Care Leave - recommendations of the 7th CPC

Child Care Leave - recommendations of the 7th CPC

No.NC/JCM/2017

Dated: August 4, 2017

The Secretary(DoP&T),
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
North Block, New Delhi

Dear Sir,
Sub: Child Care Leave - recommendations of the 7th CPC

It may please be recalled that, the 6th CPC, accepting the consistent demand of the Staff Side for grant of Child Care Leave to Women Central Government Employees, had recommended maximum two years CCL for women government employees for taking care of maximum two children, as a welfare measure the women government employee for taking care of maximum two children as a welfare measure. Women government employees were availing this specific leave for taking care of their children with 100% salary for a maximum period of two years, owing to certain difficulties having being experienced by the employer, certain conditions were subsequently laid down to avail CCL by women government employees.

One of the subsequently introduced conditions was that, they can avail their leave in maximum 3 spell during in a calendar year. While 7th CPC has duly acknowledged the requirement of CCL for women government employees as well as single male employees and recommended that the practice should continue as hitherto, additionally entitling single male employee to avail the same, but unfortunately, imposed another new condition that, although for the first 365 CCL 100% salary would be payable. However, for subsequent 365 days only 80% of their salary to be paid.

It may be appreciated that, provision of CCL to women government employees with the sole motto of taking care of their children, particularly at the time the children are in grave need of the same, a welfare measure at the same was being granted with 100% salary before the report of the 7th CPC came in the effect.

Therefore, imposition of the condition of 80% salary payable in the 2nd spell of 365 days is grossly unjustified and uncalled for and would result in withdrawal of a well acknowledged welfare measure.

It is, therefore, requested that the issue may be looked into in the light of the foregoing the earlier practice of payment of 100% salary of the entire 2 years may please be restored as a noble employer.

Comradely yours
(Shiva Gopal Mishra)
Secretary (Staff Side)

NC/JCM
&
Convener

Source : NCJCM

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Employment of women and girls in Government organisations/Agencies

Employment of women and girls in Government organisations/Agencies

The Government has been making concerted efforts to encourage the women to join Government service by providing some special facilities as enumerated below:

(i) maternity leave
(ii) child care leave
(iii) child adoption leave
(iv) special allowance to women with disability
(v) provision of crèche facility
(vi) posting of husband and wife at the same station
(vii) special priority in allotment of residential accommodation
(viii) provision for protection of women from acts of sexual harassment
(ix) special Leave connected with inquiry on sexual harassment
(x) age relaxation for appointment of widows, divorced woman and women judicially separated from their husbands and who are not remarried
(xi) special dispensation for woman officers of All India Services of North East cadre
(xii) exemption from payment of fee for examinations conducted by the Union Public Service Commission and Staff Selection Commission.
(xiii) Nomination of a women employee in Department Promotion Committee (DPCs). Institutional mechanisms, besides the Committees to prevent sexual harassment, exist in Government service for redressal of grievances of various nature of the women employees.
(xiv) Association of a lady member in Selection Committee/Board for 10 or more vacancies (at all levels).

This was stated by the Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr. Jitendra Singh in written reply to a question by Shri Parimal Nathwani in the Rajya Sabha today.

PIB

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Child care leave to be applied for in advance: High Court

Child care leave to be applied for in advance: High Court

The Punjab and Haryana High Court has made it clear that child care leave has to be applied for in advance by a woman employee working with the Haryana Government.

Justice Rajiv Narain Raina of the High Court has also made it clear that it can be availed after the go-ahead by the authorities concerned. The permission for child care leave cannot be granted ex post facto (with retrospective force).

The development is significant as Haryana Government rules make it clear that child care leave is admissible to a woman government employee for a maximum period of two years or 730 days during her entire service for taking care of her surviving children.

It is permissible only for the first two children of the government employee. Their age has to be below 18 years for the mother to avail the leave.

The ruling by Justice Raina came on a petition by Shashi Bala against the state and other respondents. A government employee, she moved the High Court after the department concerned refused to grant ex post facto permission for child care leave.

Taking up her petition, Justice Raina asserted that by the very nature of things, child care leave has to be applied for in advance and due permission needs to be accorded. The right was valuable, because a woman employee would get full salary for the period of child care leave.

"It cannot be applied for to act retrospectively and therefore, there is nothing wrong in the department holding that ex post facto permission cannot be granted," Justice Raina asserted.

Before parting with the order, Justice Raina observed that the first request in the case in hand was made on April 6, 2011, for granting backdated child care leave with effect from November 30, 2010, to March 30, 2011. Dismissing the plea, Justice Raina added that there was no merit therein.

Haryana Government rules suggest that child care leave cannot be demanded as a matter of right and no one can, under any circumstances, proceed on child care leave without prior proper sanction by the competent authority.

Child care leave is also admissible during the probation period, provided the probation period is extended by the period of child care leave availed. Besides this, the leave may not be availed for a period of less than 30 days.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.26951 of 2016

Date of decision:22.12.2016

Shashi Bala
… Petitioner

Versus

State of Haryana and others
..Respondents.

CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr.Ravinder Malik (Ravi), Advocate for the petitioner.
RAJIV NARAIN RAINA, J.(Oral)

By the very nature of things, Child Care Leave has to be applied for in advance and due permission accorded. The right is valuable because female employee gets full salary for the period of Child Care Leave. Child Care Leave cannot be applied for to act retrospectively and therefore, there is nothing wrong in the Department holding that ex post facto permission cannot be granted. In this case first request was made on 6.4.2011 for granting backdated Child Care Leave w.e.f 30.11.2010 to 30.3.2011.
No merit.
Dismissed.

(RAJIV NARAIN RAINA)
JUDGE

22.12.2016
Meenu

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Proposals on Child Care Leave (CCL) and Maternity Leave — Reg.

No. 13018/1/2014-Estt(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
****

Old JNU Campus, New Delhi 110 067
Dated: 01.04.2016

OFFICE MEMORANDUM

Subject:- Proposals on Child Care Leave (CCL) and Maternity Leave — Reg.

This is regarding proposals on the subject of Maternity Leave and CCL that are under consideration in this Department. In this connection, a workshop was held in DoPT on 28.01.2016 with the stakeholder Departments on the following issues and the consensus emerged as follows:

(a) Maternity/CCL in case of surrogacy: There is no provision at present for any kind of Leave for surrogate/commissioning mothers. It is proposed that 180 days maternity leave may be granted to the surrogate as well as commissioning mothers, in case either/both of them are Government servants. The commissioning mother also requires time for bonding with her child and to take care of him/her and hence would also become eligible for Child Care Leave. Paternity Leave may also be granted in case of surrogacy.

(b) Age Limit for CCL in case of disabled children: It is proposed that the age limit for CCL in case of disabled children needs to be done away with since the requirement of parental care may be more/stronger when the disabled child grows older. It may therefore be allowed to provide for CCL in the case of disabled children — the ‘disability’ being clearly defined by the Ministry of Social Justice & Empowerment – without any age limit provided the maximum CCL that can be availed remains within the ceiling of 730 days.

(c) Leaving HQ/availing LTC while on CCL: At present leaving headquarters or availing LTC are not permissible during CCL. The underlying intent of CCL is to allow care of up to two children whether for rearing or to look after any of their needs like examination, sickness etc. Thus, it is not restricted to exam and sickness alone. Taking care may also include ensuring their rest and recreation and towards that objective leaving headquarters or availing LTC can be allowed. It is thus proposed that the employees may be permitted to leave headquarters/avail LTC while they are on CCL, provided clearances from appropriate competent authorities are taken while proceeding on foreign travel.

(d) CCL minimum for at least five days: Vide this Department O.M. No.13018/6/2013-Estt.(L) dated  5th June, 2014 the stipulation of the requirement of minimum period of 15 days’ CCL has been removed. It is now proposed to introduce a minimum period of five days of CCL i.e., CCL henceforth may not be granted for less than 5 days.

2. Comments on the above proposals are solicited please.

(Mukul Ratra)
Director

To:
1. All Ministries/Departments of Government of India
2. NIC, DOPT for uploading on the Ministry’s website.

DoPT Circular

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West Bengal Government allows child care leave to male government employees

West Bengal Government allows child care leave to male government employees

In a major policy decision, West Bengal Government today allowed paternity-cum-child care leave of 30 days for its male employees which can be availed either during child birth or until their children turn 18.

Announcing this at the State Secretariat Nabanna, Chief Minister Mamata Banerjee said the decision was taken at a cabinet meeting today to enable male employees to discharge their parental responsibilities.

The state government had earlier allowed maternity leave for 180 days and child care leave for 730 days to female employees of the state government and Panchayat Raj, besides other local bodies, boards, corporations, undertakings, companies, state aided universities, sponsored and non-government aided schools and colleges, Banerjee said.

The scheme would be implemented with immediate effect, she added.

PTI

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Clarification on Child Care Leave – Dopt issued orders on 12.1.2016

Clarification on Child Care Leave – Dopt needs comments on this instructions from all Ministries/Departments.

Child Care Leave (CCL) in respect of Central Government Employees as a result of Sixth Central Pay Commission recommendations – Clarification regarding

No. 13018/6/2013-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel and Training)

JNU (Old) Campus, New Delhi
Dated the 12th January, 2016

OFFICE MEMORANDUM

Subject : Child Care Leave (CCL) in respect of Central Government Employees as a result of Sixth Central Pay Commission recommendations – Clarification regarding.

The undersigned is directed to refer to this Department’s O.M. No.13018/2/2008-Estt.(L) dated 11/09/2008 regarding introduction of Child Care Leave (CCL) in respect of Central Government women employees. Subsequently, clarifications have been issued vide OMs dated 29.9.2008, 18.11.2008, 02.12.2008, 07.09.2010, 30.12.2010, 03.03.2010 & 05.06.2014.

Child Care Leave at present is allowed for women employees to facilitate them to take care of their children at the time of need. This Department is considering issuing the following instructions:-

`In cases where a female Government servant applies for Child Care Leave for at least five working days, she should normally not be refused leave citing exigencies of work unless there are grave and extraordinarily compelling circumstances that warrant refusal’.

2. Ministries/ Departments are requested that their views/ comments may be forwarded to this Department latest by 27.01.2016. A soft copy may be forwarded to email of US (Allowance.) i.e. sunil.mandi@nic.in

sd/-

(S.K. Mandi)

Under Secretary to the Govt. of India

Authority: www.persmin.gov.in
Click to view the order

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Child Care Leave (CCL) for single male parent recommended by 7th Pay Commission report.

Child Care Leave (CCL) for single male parent recommended by 7th Pay Commission report.

New Delhi: The Seventh Pay Commission report has recommended Child Care Leave (CCL) for single male parent, which is currently given to only women employees.

CCL is granted to women employees for a maximum period of two years (730 days) during their entire service for taking care of their minor children (up to eighteen years of age).

The Pay Commission, headed by Justice A K Mathur, submitted its recommendations to Finance Minister Arun Jaitley yesterday.

“The Commission notes that in the event a male employee is single, the onus of rearing and nurturing the children falls squarely on his shoulders.

“Hence extension of CCL to single male parents is recommended,” the report said.

It also recommended CCL at 100 per cent of the salary for the first 365 days, and 80 per cent of the salary for the next 365 days.

CCL was first introduced by 6th Central Pay Commission.

The report also said there is a “palpable need” to bring in some inhibiting feature so as to ensure that only genuinely affected employees avail of this scheme.

“Towards this end, the Commission recommends that CCL should be granted at 100 per cent of the salary for the first 365 days, but at 80 per cent of the salary for the next 365 days,” the report said.

The report further said that the Commission recognises the additional responsibility on the shoulders of employees who are single mothers.

“Accordingly, it is recommended that for such employees, the conditionality of three spells in a calendar year should be relaxed to six spells in a calendar year,” the 900-page report said.

In making the recommendation, the Commission said it has also kept in mind the fact the concept of a paid (whether 100 per cent or 80 per cent) leave solely for child care for a period of two years, “is a liberal measure unmatched anywhere else”.

PTI

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Leave applicable to railway staff, Child Care Leave and Commuted Leave – Frequently Asked Questions RBE 100/2015

Leave applicable to railway staff, Child Care Leave and Commuted Leave – Frequently Asked Questions RBE 100/2015

Text of the Railway Board’s letter No. No. E(P&A)I-2008/CPC/LE-8 dated 10.09.2015 (RBE No. 100/2015) addressed to The General Managers/FA&CAOs. All Indian Railways and Production Units etc.

Sub; Leave applicable to railway school staff, Child Care Leave and Commuted Leave – Frequently Asked Questions.

Please refer to the provisions contained in Rule Nos. 525, 551E, 521 of IREC Vol-I in respect of Leave applicable to school staff, Child Care Leave and Commuted leave/Leave on Production of Medical Certificate by the Railway servants.

2. Now, DOP&T has inter-alia issued clarification on Leave to school staff, Child Care Leave and Commuted Leave in the form of frequently asked questions (FAQ) in terms of their Office Memorandum No. 21011/08/2013-Estt(AL). The text of OM is tabulated below for guidance of all concerned.

Sl. No.	Questions	Answer
1.	What are the leave entitlements of Railway servants serving in Railway schools?	The Rule No. 525 of IREC VOL-I, which came into effect from 1.9.2008 regulates the grant of Leave an Average Pay for persons serving in the Railway Schools. The said rule provides for as follows:- (1) (a) A Railway servant serving in a Railway School such as a teacher, principal, headmaster, librarian, laboratory assistant or a waterman shall not be entitled to any Leave an Average Pay in respect of duty performed in any year in which he avails himself of the full vacation. (b) In respect of any year in which a Railway servant avails a portion of the vacation, he shall be entitled to Leave an Average Pay in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation. Provided that no such leave shall be admissible to a Railway servant not in permanent employment or quasi-permanent employment in respect of the first year of his service. (c) If, in any year, the Railway servant does not avail any vacation, Leave on Average Pay shall be admissible to him in respect of that year under Rule 523. For the purpose of this rule, the term “year” shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Railway School. A Railway servant entitled to vacation shall be considered to have avoi led a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation. Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation. When a Railway servant serving in a Railway School proceeds on leave before completing a full year of duty, the Leave on Average Pay admissible to him/her shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty. As per Rule 526 of IREC Vol-I the half pay leave account of every Railway servant, permanent or temporary including the one who is serving in a Railway school, shall be credited with Leave on Half Average Pay in advance, in two installments of ten days each on the first day of January and July of every calendar’ year. This is subject to conditions laid down in Board’s letter- No.E(P&A)I-2008/CPC/LE-10 dated 06.03.2009.
2.	Whether Govt. servant can be permitted to station/go abroad while on CCL?	Child care leave is granted to a woman employee to take care of the needs of the minor children. If the child is studying abroad or the Railway servant has to go abroad for taking care of the child she may do so subject to other conditions laid down for this.
3.	What is the intention behind the instruction that CCL is to be treated like LAP and sanctioned as such?	The intention is that CCL should be availed with prior approval of leave sanctioning authority and that the combination of CCL with other leave, if any, should be as per the restriction on LAP. The restriction of the limit of 180 days at a stretch as applicable in the case of LAP will not a l in case of CCL.
4.	Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?	Leave on medical grounds may be allowed on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in such cases.

3. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

http://www.er.indianrailways.gov.in/cris/uploads/files/1443006561881-132%202015.pdf

Leave applicable to railway staff, Child Care Leave and Commuted Leave – Frequently Asked Questions RBE 100/2015

Text of the Railway Board’s letter No. No. E(P&A)I-2008/CPC/LE-8 dated 10.09.2015 (RBE No. 100/2015) addressed to The General Managers/FA&CAOs. All Indian Railways and Production Units etc.

Sub; Leave applicable to railway school staff, Child Care Leave and Commuted Leave – Frequently Asked Questions.

Please refer to the provisions contained in Rule Nos. 525, 551E, 521 of IREC Vol-I in respect of Leave applicable to school staff, Child Care Leave and Commuted leave/Leave on Production of Medical Certificate by the Railway servants.

2. Now, DOP&T has inter-alia issued clarification on Leave to school staff, Child Care Leave and Commuted Leave in the form of frequently asked questions (FAQ) in terms of their Office Memorandum No. 21011/08/2013-Estt(AL). The text of OM is tabulated below for guidance of all concerned.

Sl. No.	Questions	Answer
1.	What are the leave entitlements of Railway servants serving in Railway schools?	The Rule No. 525 of IREC VOL-I, which came into effect from 1.9.2008 regulates the grant of Leave an Average Pay for persons serving in the Railway Schools. The said rule provides for as follows:- (1) (a) A Railway servant serving in a Railway School such as a teacher, principal, headmaster, librarian, laboratory assistant or a waterman shall not be entitled to any Leave an Average Pay in respect of duty performed in any year in which he avails himself of the full vacation. (b) In respect of any year in which a Railway servant avails a portion of the vacation, he shall be entitled to Leave an Average Pay in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation. Provided that no such leave shall be admissible to a Railway servant not in permanent employment or quasi-permanent employment in respect of the first year of his service. (c) If, in any year, the Railway servant does not avail any vacation, Leave on Average Pay shall be admissible to him in respect of that year under Rule 523. For the purpose of this rule, the term “year” shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Railway School. A Railway servant entitled to vacation shall be considered to have avoi led a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation. Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation. When a Railway servant serving in a Railway School proceeds on leave before completing a full year of duty, the Leave on Average Pay admissible to him/her shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty. As per Rule 526 of IREC Vol-I the half pay leave account of every Railway servant, permanent or temporary including the one who is serving in a Railway school, shall be credited with Leave on Half Average Pay in advance, in two installments of ten days each on the first day of January and July of every calendar’ year. This is subject to conditions laid down in Board’s letter- No.E(P&A)I-2008/CPC/LE-10 dated 06.03.2009.
2.	Whether Govt. servant can be permitted to station/go abroad while on CCL?	Child care leave is granted to a woman employee to take care of the needs of the minor children. If the child is studying abroad or the Railway servant has to go abroad for taking care of the child she may do so subject to other conditions laid down for this.
3.	What is the intention behind the instruction that CCL is to be treated like LAP and sanctioned as such?	The intention is that CCL should be availed with prior approval of leave sanctioning authority and that the combination of CCL with other leave, if any, should be as per the restriction on LAP. The restriction of the limit of 180 days at a stretch as applicable in the case of LAP will not a l in case of CCL.
4.	Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?	Leave on medical grounds may be allowed on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in such cases.

3. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

http://www.er.indianrailways.gov.in/cris/uploads/files/1443006561881-132%202015.pdf

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Jammu and Kashmir government women employees can now get 2-years child care leave

Jammu and Kashmir government women employees can now get 2-years child care leave

Srinagar: In a major welfare measure for women employees in Jammu and Kashmir, the state government today approved Child Care leave for them for a period of two years to look after their children.

The Government issued a notification allowing the Child Care leave for its women employees. As per the new provision, a women employee can avail a maximum period of 730 days of child care leave during her entire service for taking care of her two eldest children, an official spokesman said.

He said the leave can be taken to look after the children’s education, illness and other similar requirements. The spokesman said after approval by Chief Minister Mufti Mohammad Sayeed, the Finance Department has issued the notification incorporating the child care leave in the Jammu and Kashmir Civil Services (Leave) Rules.

During the period of child care leave, a woman employee shall be paid leave salary equal to pay drawn immediately before proceeding on leave and the child care leave can be combined with any other kind of leave, the spokesman said.

However, the leave shall not be granted for more than three spells in a calendar year, he said. The spokesman said though child care leave can be claimed only after completion of probation period by the employee, yet as a humanitarian gesture, some minimum child care leave can be allowed to a probationer in certain extreme circumstances.

The present PDP-BJP coalition Government in its first budget had announced that the child care leave shall be introduced in the State Leave Rules so that the difficulties faced by working mothers is resolved and women employees get this benefit at par with Central Government employees.

PTI

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